10 December 2013 - East Devon District Council

hearing to go ahead and will be attending the hearing. One of the residents
attending the hearing will be representing a management committee and two will
represent three other objectors. One resident will be represented by a solicitor.
Nineteen residents have not responded to the notice of hearing.
3.3 Details of the responses to the statutory Notice of Hearing are attached at
Appendix D.
4 Proposed Operating Schedule and Mediation
4.1 The proposed operating schedule showing the conditions offered by the applicant
has been reproduced at Appendix E and numbered for ease of reference.
4.2 A mediation meeting was held at the East Devon District Council Offices on Friday 22
November 2013 chaired by the Licensing Authority and attended by the applicants
and twenty five local residents who had made representations. The mediation
meeting was not successful and no agreement was reached.
5 Relevant Licensing Policy Considerations
Licensing Objectives
5.1 Section 3.1 of the Policy states: ‘The Licensing Authority has a duty under the Act to
carry out its licensing functions with a view to promoting the four licensing objectives.’
These are:-
The prevention of crime and disorder
Public safety
The prevention of public nuisance
The protection of children from harm
5.2 Section 3.2 of the policy states: These objectives are the only matters to be taken
into account in determining the application and any conditions attached must be
necessary to achieve the licensing objectives.
5.3 Section 3.3 of the Policy states: A licence will only be granted where the licensing
authority is satisfied that these objectives have been met.
5.4 Section 3.4.1 of the Policy lists the kind of measures the licensing authority will be
expecting to see taken into account to promote the objectives.
Conditions
5.5 Section 4 of the policy sets out what the Sub Committee should consider before
imposing conditions on a licence.
Licensing Hours
5.6 Section 6.1 of the Policy states: The licensing authority will deal with the issue of
licensing hours on the individual merits of each application. When the Authority’s
discretion is engaged consideration will be given to the individual merits of an
application but the presumption will be to grant the hours
requested unless there are objections to those hours raised by
Responsible Authorities or any other person on the basis of the
licensing objectives. However, when issuing a licence with
hours beyond midnight higher standards of control will
generally need to be included in operating schedules to
12